KANIYALAL A SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is a Senior Citizen, at present aged about 87 years. By way of the present petition under Article 226 of the Constitution of India, he has prayed for issuance of appropriate writ/order directing the respondents to give effect of the Government Resolution dated 30th April 1991, and thereby, treat the previous services rendered by him under the Postal Department of Government of India for a period of about 15 years as qualifying service for the purpose of pensionary benefits. It is also prayed that it may be declared that the Government Resolution dated 2nd January 1997, at Annexure-M has only prospective effect and it cannot be applied retrospectively. The petitioner has further prayed that the respondents may be directed to revise the pension and other pensionary benefits after treating the services rendered under Postal Department as qualifying services.

(2.) The brief facts giving rise to the present petition are as under:-

(3.) The learned advocate for the petitioner submits that the petitioner after his retirement from the services in the year 1990 requested the authorities concerned to treat his past services of 15 years rendered in the Central Government, Postal Department as qualifying service for the purpose of pensionary benefit. It is submitted that in light of the Government Resolution dated 30th April 1991, the petitioner is eligible and entitled to get the benefit of past services as qualifying service for the purpose of pensionary benefit. However, the Government has treated the said period as qualifying service for the purpose of pensionary benefit. It is submitted that the Government Resolution dated 2.1.1997 has no bearing on the facts of the present case because the said resolution will have prospective effect. The case of the petitioner deserves consideration in light of Government Resolution dated 30th April 1991. It is also submitted that the Education Department of Government of Gujarat in its communication dated 23rd October 1989 addressed to Director General Postal Department, New Delhi, specifically observed that if 15 years of services rendered by the petitioner in Central Government will be counted for the purpose of pension, he will be able to get full pensionary benefits, and the State Government has, therefore, considered his case sympathetically, and decided to count the said services of 15 years for pension purpose, provided that the Government of India agrees to bear the proportionate pensionary liability. The State Government vide its communication dated 23rd October 1989 requested the Director General, Postal Department, New Delhi, that the case of the petitioner may be considered sympathetically and the decision, thereof shall be communicated at the earliest. It is submitted that subsequent thereto, the Government Resolution dated 30th April 1991 was issued by the Government of Gujarat, and by virtue of said Resolution, it has been decided to treat the entire past service rendered under Central Government as qualifying service for the purpose of pensionary benefits. It is submitted that this Resolution was passed in concurrence of the Finance Department. However, till date, the case of the petitioner is considered by the respondent for giving benefit of past service of 15 years as qualifying service for pensionary benefits, and thereby the petitioner is deprived of getting full pension. It is submitted that petitioner is aged about 87 years, and he is awaiting for justice in light of Government Policy decision dated 30th April 1991. The learned advocate for the petitioner while referring judgment delivered in case of Snehlattaben Hemiltan Desai v. State of Gujarat &Others given in Special Civil Application No. 17007 of 2012 also submits that in similar facts and circumstances, this Court (Coram : Paresh Upadhyay, J.)allowed the petition and directed the respondents to fix the pay and pay the arrears of salary and pension.